Error of Judgment or Ignorance of a Particular Part of the Law
Furthermore, if you’re claiming negligence against a lawyer in a tort action, then it won’t be enough to merely prove that the lawyer made an error in judgment or was ignorant of some particular part of the law. In order to be successful in your tort action, so that the lawyer is liable for your compensatory damages, you’d have to prove that the lawyer’s error in judgment or ignorance of some particular part of the law was such that an ordinarily and reasonably competent, prudent and diligent lawyer, who brings reasonable care, skill and knowledge to the performance of his or her professional legal services and duties, would not have made or shown it.
So, a finding that your lawyer committed an error of judgment or was ignorant while executing a widely recognized, respectable and adopted legal approach in your best interests – the retained client – , doesn’t prima facie mean that the lawyer was negligent. If it is established that your lawyer committed an error of judgment or was ignorant of some particular part of the law, then it only follows that your lawyer may or may not be negligent, because it ultimately depends on the nature of your lawyer’s error or ignorance. Again, if the evidence established that your lawyer’s error of judgment or ignorance was one that wouldn’t have been made by the average or ordinarily and reasonably competent, prudent and diligent lawyer within the same scope of legal practice, while bringing reasonable care, skill and knowledge to the performance of that professional legal service undertaken on your behalf, which constitutes the special group that your lawyer belongs – i.e. personal injury lawyer, corporate/commercial litigation lawyer, family law lawyer, employment law lawyer, patent lawyer, medical malpractice lawyer, et cetera –, then there is a high degree of probability that your lawyer will be deemed to be negligent.
Lastly, even if your lawyer is a specialist – i.e. specializing in a specific area of law –, who like a lawyer in general practice, owes you, a retained client, a recognized duty of care in tort and in contract, your specialist lawyer, again, is only expected to demonstrate a fair, reasonable and competent degree of skill within the specific scope of his or her legal practice, or the average group of specialist lawyers that he or she belongs, but your lawyer is not required to use the highest degree of skill, because there may be lawyers who have higher education and greater advantages.
I hope you found this information valuable. Rudder Law Group’s website is your one-stop source for answers to all of your legal questions concerning catastrophic impairment law and personal injury law.